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(영문) 청주지방법원 2020.08.13 2019가단10309

배당이의

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Preparation of the distribution schedule of this case;

A. In the auction procedure stated in the purport of the claim concerning the Class II neighborhood living facilities and the single-story house (hereinafter referred to as “each of the instant real estate” as the combination of the above real estate, and the said detached house is referred to as “the instant house”), the Defendant asserted that the executing court is a small lessee of the instant house under Article 8 of the Housing Lease Protection Act and filed a report on the right and demand for distribution with the court of execution.

B. Of the amount to be actually distributed on November 6, 2019, the court of execution prepared and presented a distribution schedule (hereinafter “instant distribution schedule”) to the Defendant, the applicant creditor, who is the lessee of small claims, in the first order of KRW 17,000,00,00, and KRW 24,123,325; KRW 31,48,869; and KRW 17,161,322 to the Defendant, the resident of a house with a fixed date, who is the applicant for a provisional attachment, who is the applicant creditor; and KRW 17,161,322 to the Defendant, the resident of a house with a fixed date, who is the lessee of a house (hereinafter “instant distribution schedule”); the Plaintiffs stated an objection against each of the dividend amounts of KRW 34,161,322 against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the grounds of the plaintiffs' claims

A. The Plaintiffs asserted by the parties, as F’s fraud, only prepared a lease contract with the intent to receive a dividend in the auction procedure stated in the purport of the claim, but did not actually conclude the lease contract, and the lease contract was concluded.

Even if the defendant does not reside in the house of this case and did not pay the lease deposit, he argues that the distribution schedule of this case should be revised because he is the most lessee who entered into a false lease contract.

In this regard, the defendant shall pay the lease deposit after concluding a lease contract with the F, and shall complete the move-in report after receiving the housing of this case.